Case law

Bonilla-Morales v. Holder

607 F.3d 1132 · Court of Appeals for the Sixth Circuit · Jun 15, 2010

We need not reach these two issues, however, because Bonilla-Morales’s asylum claim clearly fails on the nexus requirement. … She has therefore not established that she qualifies for asylum based on her membership in a particular social group.

Kenneth Wadkins v. Kristyn Klingshirn

Court of Appeals for the Sixth Circuit · Sep 14, 2026

was entitled to qualified immunity. … At summary judgment, a government official is entitled to qualified immunity “when, viewing the facts in the light most favorable to the plaintiff, the challenged conduct did not violate clearly established constitutional

Hadiya AbdulShalaam v. Franklin County Board of Comm'rs

399 F. App'x 62 · Court of Appeals for the Sixth Circuit · Oct 15, 2010

Plaintiffs did not argue before the district court that temporal proximity alone sufficed to establish intent. … Conclusion We dismiss Spires’s qualified immunity appeal for lack of jurisdiction, adopt and affirm the district court’s absolute immunity and state statutory immunity judgments, deny the cross-appeal as moot

Picha v. City of Parma

958 F.2d 372 · Court of Appeals for the Sixth Circuit · Mar 25, 1992

The court first held that Ries and Vittardi were entitled to qualified immunity. … he or she violates clearly established federal "statutory or constitutional rights of which a reasonable person would have known."

John Satawa v. Macomb County Road Commission

689 F.3d 506 · Court of Appeals for the Sixth Circuit · Aug 1, 2012

After seeking legal advice, the county denied the permit because, it stated, the crèche “clearly displays a religious message, [and thus displaying it on the median] would be a violation of the Establishment Clause of the … Satawa desires to place in the right of way clearly displays a religious message, this would be a violation of the Establishment Clause of the First Amendment: “Establishment Clause, at the very least

Lawrence E. Anthony, Jr. v. Btr Automotive Sealing Systems, Inc.

339 F.3d 506 · Court of Appeals for the Sixth Circuit · Aug 8, 2003

Intertribal Council Title TV J.T.P.A., 261 F.3d 1032, 1034 (11th Cir.2001) (affirming dismissal of § 1981 claims on qualified immunity grounds and not reaching statute of limitations issue), cert. denied, 535 U.S. 1066 , … Accordingly, Anthony was not qualified for the position, and he has failed to establish a prima facie case.

Naomi L. Sims, United States of America, Intervenor v. The University of Cincinnati

219 F.3d 559 · Court of Appeals for the Sixth Circuit · Jul 17, 2000

We agree with the parties and the lower court that Congress has clearly expressed its intent to abrogate the States’ Eleventh Amendment immunity to actions under the FMLA, thus satisfying the first of these two requirements … When a state practice does not expressly concern gender, but has a disparate impact, a plaintiff in constitutional litigation must establish that the State intends to discriminate on the basis of gender.

Devon Tindle v. L. Enochs

420 F. App'x 561 · Court of Appeals for the Sixth Circuit · Apr 26, 2011

Under the doctrine of qualified immunity, “government officials performing discretionary functions [are to be] shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … was violated and that the right was clearly established at the time of the violation.”

Perry v. Southeastern Boll Weevil Eradication Foundation, Inc.

154 F. App'x 467 · Court of Appeals for the Sixth Circuit · Feb 16, 2006

Southeastern’s Federal Sovereign Immunity Defense Southeastern claims that it is an arm of an agency of the federal government and, therefore, is immune from this suit. … See Johnson, 40 F.3d at 839 (“Plaintiff must also establish that the conspiracy was motivated by a class-based animus.”); Griffin v.

Johnson-Kurek v. Abu-Absi

Court of Appeals for the Sixth Circuit · Sep 13, 2005

The district court dismissed Johnson-Kurek’s claims against all three defendants for lack of subject matter jurisdiction, on Eleventh Amendment and qualified immunity grounds; for failure to state a claim; and, in the case … immunity grounds.

Larry Lewis v. Ronald Weck

535 F. App'x 524 · Court of Appeals for the Sixth Circuit · Oct 24, 2013

City of Detroit, 408 F.3d 305, 310 (6th Cir. 2005) (where defendant “raises the purely legal question . . . whether the facts alleged . . . support a claim of violation of clearly established law . . . this court can ignore … Addressing Weck’s qualified-immunity defense, the court correctly found that the right to be free from an administrative search conducted without a warrant, and without consent, is clearly established.

Daniels v. Board of Education of the Ravenna City School District

805 F.2d 203 · Court of Appeals for the Sixth Circuit · Nov 17, 1986

The district court’s finding on the issue of discrimination “is subject to review under the clearly erroneous standard of Rule 52(a), Fed.R.Civ.P. … However, her prior experience rendered her more qualified than plaintiff for the position.

Danny Brown v. USA

366 F. App'x 621 · Court of Appeals for the Sixth Circuit · Feb 24, 2010

immunity defense and run afoul of our established case law. … Rather, the district court must determine first whether plaintiff’s “complaint alleged the violation of a constitutional right at all, and if so, whether that right was clearly established at the time of the alleged violation

Osborn v. Haley

422 F.3d 359 · Court of Appeals for the Sixth Circuit · Sep 8, 2005

Page 3 employment/immunity issue against Haley’s entitlement to immunity. … Because a case under the Westfall Act thus ‘raises a question of substantive federal law at the very outset, it clearly arises under federal law, as that term is used in Art.

Shamrock Coal Co. v. Lee

751 F.2d 187 · Court of Appeals for the Sixth Circuit · Jan 4, 1985

It was clearly not the intent of Congress to impose such a difficult if not impossible burden upon a party opposing entitlement benefits. Hence, unlike in *191 Fletcher , the AU clearly applied the wrong legal standard. … Elton qualified to testify.

Jeanette Spangler v. Dwayne Wenninger

388 F. App'x 507 · Court of Appeals for the Sixth Circuit · Aug 6, 2010

Qualified immunity shields government officials performing discretionary functions from “‘liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … defendant violated a constitutional right; and (2) the right was clearly established.

Cold Metal Process Co. v. Republic Steel Corp.

233 F.2d 828 · Court of Appeals for the Sixth Circuit · Apr 10, 1956

Peninsular Light, Power & Heat Co., 6 Cir., 101 F. 831 , it is clearly applicable here. … As found by the District Court, no misuse of the patents by Cold Metal was established.

Uwe Romeike v. Eric Holder, Jr.

718 F.3d 528 · Court of Appeals for the Sixth Circuit · May 14, 2013

In either instance, if the applicant otherwise meets the requirements for establishing persecution, the fact that the government purported to enforce a generally applicable law would not immunize it from a charge of persecution … INS, 33 F.3d 615 (6th Cir.1994), hold that a treaty violation on its own establishes persecution.

Dunlap v. TVA

Court of Appeals for the Sixth Circuit · Mar 21, 2008

First, the plaintiff must establish a prima facie case of discrimination – i.e., the plaintiff must establish that an adverse impact has occurred. … A plaintiff may establish a prima facie case of discrimination by showing (1) that he is a member of a protected group, (2) that he was qualified for the position at issue, and (3) that he was treated differently than comparable

Jacob Ragsdale v. Joseph Sidoti

574 F. App'x 718 · Court of Appeals for the Sixth Circuit · Aug 1, 2014

Ragsdale also satisfies step two of the qualified immunity inquiry. … Garner clearly establishes that a police officer may not use deadly force on an unarmed, nonthreatening suspect, which is precisely what Ragsdale claims he was. Id.